SWARN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of bunch of 11 Letters Patent Appeals 387 to 397 of 1994 as common questions of fact and law are involved in all these cases.

(2.) The land of claimant-appellants was acquired under the provisions of the Punjab Requisitioning(and Acquisition of Immovable Property Act, 1952 vide notification issued on that behalf on March 26 1964. Being dissatisfied of the compensation assessed the appellants sought arbitration in the matter and the Additional District Judge Gurdaspur under Section 8(1)(c) of the Act of 1952 determined compensation on the basis of quality of land. Whereas Rs. 1,000/- per kanal was assessed as market value for Barani land; Rs. 700/- per Kanal Rs. 400/- per Kanal and Rs. 250/- per Kanal was assessed with regard to land which was Banjar Jadid, Banjar qadim and Gair Mumkin respectively. Still dissatisfied, the appellants filed appeals in this court claiming further enhancement as according to them the market value of the land could not be less than Rs. 150 per marla. The appeals filed by the appellants met with partial success. The entire land was assessed at one rate and the appellants were held entided to compensation worked out at the rate of Rs. 100/- per marla. This order was passed on August 1, 1983. The appellants still feel that the market value assessed is inadequate and deserves to be further enhanced.

(3.) Mr. R. K. Chhibbar, learned counsel appearing for the appellant states that the land of the appellants which is located in village Chhotapur adjoins village Bahadur Lahri and the same should have been assessed at the same rate as was the case of acquisition of land in village Bahadur Lahri which admittedly was at the rate of Rs. 150/- per Maria. The learned counsel appearing for Union of India, however, contends that the order passed by the learned Single Judge in the facts and circumstances of the case is just and proper and needs no modification in the appeals preferred by the appellants.